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Everything posted by hplusj
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South Africa has abandoned civilisation
hplusj replied to Dashinka's topic in Current Events and Hot Social Topics
It's definitely been in the forefront of our minds. Jon's dad is still there but his mom was Rhodesian and left for Australia years ago. Luckily they aren't farmers. Even though that's just the tip of the iceberg. -
Your wife's immigration status has not changed as she arrived on a non-immigrant visa and remains a non-immigrant. Personally, I would leave it blank. Neither of these are applicable. Although many law firms state that you have to file with a valid I-94, I scoured the USCIS website for filing instructions that highlight this. I did not find any (but am happy to see proof otherwise, if it exists). What I did find, was that marriage has to take place within 90 days: Of course it reduces complications if your I-94 is still valid, but I would try to treat the process as normal as possible. Any additional evidence you would like to share to explain the lapse in filing, you can reference on the final pages of the I-485 and provide additional statements and medical records, if it brings peace of mind. But if I were you then no, I would not seek to emphasize violation when USCIS doesn't highlight the particulars of your situation as one. Just be thorough, and fit supporting evidence into the flow of the form.
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To be fair it is rather goofy wording and a failure of a tautology. It assumes that if the beneficiary doesn't need an I-864 then you need an I-134, by stating the opposite. I see how OP could see how it lacks in validation, because it does. But yes, an I-134 is definitely needed still with K1. You won't need it for AOS because, as stated, there will be need for the I-864 then.
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Foreign earned income with EAD
hplusj replied to hplusj's topic in Tax & Finances During US Immigration
Also forgot to add that he does in fact have a SSN, which we applied for prior to the wedding. So that's good to go, no ITIN. -
Hey all, welcome to tax season: Quick rundown of our situation, because I'm used to years of filing single so not only do I have the added pleasure of filing jointly now, but I have to factor in my husband's EAD/income. So here the situation: when my husband came to marry me on a K1, his employer offered to suspend his employment until he was authorized to work again. All pay was frozen and he used the hiatus to assimilate to life in the US, which allowed us to adhere to US law and wait on him earning income until his EAD was issued. He was approved for EAD at the end of November and with card in hand, contacted his employer and resumed remote work on December 1st. So to summarize, he worked for a foreign employer on foreign soil from January-first week of September, suspended work/was unemployed September-November, and then was re-employed by his foreign employer with US authorization for the month of December. Questions: 1) Given the complexity of the situation (add to it that I am part-resident of two states in 2024 due to a move/change in positions), should I look into hiring a tax service? If so, are there tax preparers who specialize in international taxes as a whole, or specific countries? 2) If it's a filing that's completely doable by a person used to filing their own taxes, then what should I be looking for from my husband in terms of forms/documentation? Are there resources on the forums, because I have no idea what to search for. To this regard, if anyone has links to similar threads, hook me up. If anyone is curious, I am a wage earner and have always qualified for free filing through third parties provided by the IRS. However, depending on what we have to file, we may or may not qualify (if it's just the one month from US soil, we're good. If I have to consider what he made back home for the whole year, not so much). TIA.
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I can’t speak to the 131/AP but it is interesting! I also searched my batch today to gain a better understanding of our position. We were in the first third to move into Processing but that could be completely arbitrary and agent-dependent on when we advance. Even still thanks for tipping me off to that site in November filers! I’m just as obsessed with tracking trends and am curious where the tail end of 2024 cases fall in regards to wait times. Fingers crossed for 6-8 months, that’s my completely uneducated guess 😂
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I thought to check myUSCIS this morning for any updates slipped under the rug and noticed that the interview step is checked as completed. I wonder how accurate this is, or if we have evidence here that they bypassed the in-person interview for us. can anyone else confirm they have theirs checked as well, post biometrics?
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Just a couple updates for you guys: On Nov 20th Jon went for his biometrics. As he was finishing up the 5 minute appointment, I got an alert that his case had been updated. two days later on the 22nd, his EAD was approved. We received the physical card in the mail 10 days after that. We've had some trouble with the banks getting him qualified for a secured credit card so he can build stateside credit (shame, his score in ZA was outstanding), but finally broke through at US Bank this week. Also got him on the lease, even though that was complete after the I-485 was submitted. We'll have that documentation ready for an interview if needed. Rumor has it they're returning to interviews and phasing out waivers. We'll see. Wishing everyone a happy holiday season!
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For the love of god and all that is holy, do not jump the gun and do extra medicals without receiving an RFE that requires it. Find your DS-3025 (Vaccination Documentation Worksheet). It should've been provided to you by your panel physician when you did your medical abroad. Look at the top of the back/2nd page. Is the second box checked that states "K1 visa applicant voluntarily completed vaccination requirements"? If it is checked, no matter what vaccinations were left incomplete, the worksheet affirms via the physician that to the best of yours and their ability, you voluntarily submitted to completing it. Provided you included that DS-3025 in your AOS application, you are good on the medical end. If you forgot the DS-3025, locate it either in your paperwork or reach out to the panel physician for the copy they were legally required to supply to you. It serves as your working vaccination record in the US. Make copies. Provide as needed.
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DS-3025
hplusj replied to Anjaek99's topic in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas
Please read up about I-693s on the website. They are not required in all circumstances. -
DS-3025
hplusj replied to Anjaek99's topic in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas
At this point you’ll probably have to wait for the RFE. My understanding is that the DS-3025 with the application serves as receipt for the details of the medical packet, which I am unsure is part of the initial review. It is made available for the interview, I know that much. if you have the vaccination worksheet, make copies and keep them handy in the event of an RFE. Good luck! -
Inexpensive Healthcare Plans for New Fiance
hplusj replied to A031's topic in Moving to the US and Your New Life In America
I wish we had found this post sooner. My husband and I are so confused. When I (USC) moved to Iowa earlier in the year I applied for ACA and was given access to the marketplace probably within a week. Unfortunately I let the plan lapse with wedding costs and have tried special enrollment and now open enrollment trying to get access again for us. We got into the Medicaid cogs somehow and received a denial letter that said we would be passed to the federal marketplace for review now. Exhausting. I might have to pitch a promotion at work to become salaried and get us employer provided healthcare because as wage based I don’t qualify for it until my annual in March. -
Ours was received on the 1st but the NOA was postmarked Nov 6 so expect a slight delay. Seems they got a little busy on Monday and Tuesday. I wonder why... 🤣 I don't know if you set up a G-1145 for notifications but if not, you can always give your information to Emma and see if there are docs submitted for your case. Provide all information you have now: A-number, USCIS receipt, NVC case and ask to speak with an agent to get the access code printed on the NOA. If you did set up the notifications and you've heard nothing, I guess the waiting game is still on.
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NVC Research Response
hplusj replied to Senufo's topic in K-1 Fiance(e) Visa Case Filing and Progress Reports
I understand that it's frustrating when this part of the process is very opaque but approaching it with a lens of unfairness is not going to make it easier for you. Focus on your relationship and your future plans together. Make sure this is all for naught. Exercise patience, and gratitude. Four years ago, your frustration over your wait would be laughable. Even a year ago, we were seeing petition approvals twice as long as yours. Our case was at NVC for four months. Breathe, find grace and foster the love for your future spouse. Not much is fair in this world, and the immigration process is certainly among the count. -
Hey all! Been on the forums here since around the time of our first K1 NOA2 (yes, we had two) back in March of this year. I'd say we're long overdue for a little introduction: I'm Heather, the main arbiter of the hplusj account and the USC. My now-husband, Jon, is from South Africa. He arrived here on Friday the 13th of September because September 11th is clearly cursed and his flights kept cancelling. We live in Iowa, though right around the time of our NOA2 (literally my first piece of mail) I moved from Minneapolis down to the Des Moines metro. I work in the hospitality industry and, once that EAD shows up for Jon, he'll probably jump right back into software development. We did things the hard way with a K1, and it is what it is. Things like delaying our wedding would've been smart but we're suckers for sentimentality and wooo, is that a costly endeavor. When I mean costly, I don't necessarily meant the cost of the K1 (although that's certainly not cheap either). What it also cost us was understanding from our loved ones, and a sense of normalcy. Jon and I had a lovely micro-wedding in Vegas in an olive grove (pics below) but our family and friends really struggled to wrap their heads around a wedding invitation which had several time zones printed on it. Imagine the feedback we got: letters that read, We're so happy for you but we just can't make the journey when we had paid over $500 for a production team to livestream, in an attempt to include them! Anyway, the wedding was quite the adventure (so much to say on that, but let's not bog down an intro), and we're glad to be on the other side. At the time of this post, we just got the text from USCIS notifying us that Jon's NOA1 for the AOS/EAD are in the mail. It's on to the next steps, getting just a bit closer to citizenship! We are so glad to be here, to contribute our journey and hopefully help others along the way. Thank you for this site, it's been a godsend!!
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Family/Friends unsupportive
hplusj replied to Bunninuts's topic in Moving to the US and Your New Life In America
Sorry this has been your experience, OP. I will say though, that "don't judge a book by its cover" goes both ways. I'll save further, potentially incendiary commentary for the political forum